Tag: trademark law

Across the Pond: How to File an International Trademark Application

Across the Pond: How to File an International Trademark Application

Revision Legal Trademarks

Getting trademark protection in the United States is one thing. But if you want to take your brand international, you’re going to need more than just a US trademark. And if you don’t? You’re vulnerable to appropriation in other countries. Worse, you’ll have insufficient legal grounds to fight back. You’re proud of your idea–take the […]

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Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

Trademarks

The trademark infringement test is an umbrella term for several factors that courts use to assess confusion. The court will analyze and weigh each factor, determining if consumers in the marketplace are likely confused by both brands’ marks when they compete with one another–marketplace context being key here because it varies depending on case facts! […]

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Revision Legal Wins in Bubble Guppies Trademark Dispute

Revision Legal Wins in Bubble Guppies Trademark Dispute

Trademark Law

Revision Legal’s trademark attorneys brought home a legal win for their client, Goodies for Kiddies (Goodies) in Rohn v Viacom, 14-cv-83, in the Western District of Michigan. Goodies, a small business that resells children’s clothing purchased from retail stores, was roped into a lawsuit between the owner of the trademark GUPPIE and several large companies […]

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Trade Dress Functionality

Trade Dress Functionality

Trademark Law

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and its interpretation throughout the federal […]

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